Slip and Fall / Premises Liability: Injured
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Slip and Fall and Premises Liability

Slip and Fall / Premises Liability: Under this theory, the owners and occupiers of land or property owe a legal responsibility for accidents and injuries that occur on their property. These laws are largely dependant on state law and vary from state-to-state. What's usually important in these cases is to look at the status of the injured. Where they a trespassor or were they invited to the property? The status of the injured person with regards to the property might play a role in determining duty, depending on the state. Courts might also look at the condition of the property. Finally, there may be special laws applying to landlords and lessors of property.

Recently in Slip and Fall / Premises Liability Category

Injured in an Airbnb Rental

Travel is expensive. Why spend money on a hotel if you're going to spend most of your time sightseeing? Airbnb has become a cheaper and more attractive option for many travelers.

However, what happens in the case of an injury? You slip and fall in a hotel, you sue the hotel. If you slip in fall in an Airbnb rental, who do you sue? Can you even sue?

Summer is almost here and many of us are already planning our outdoor expeditions. Safety first is the rule for any hiking or camping trip, but unfortunately not all backcountry injuries can be avoided.

So what happens if you're injured while hiking or camping this summer? If the injuries weren't your fault, could someone else be liable?

Can You Really Sue City Hall?

Have you ever been to San Francisco's city hall? Like so many across the nation, it's huge and beautiful. Inside, past security and a dark hallway, you enter into a bright atrium with a grand staircase and a beautiful dome. But let's say as you walk up the staircase to get your picture taken, you slip on a puddle, fall backwards, bonk your head, and break a leg.

If this happened in a store, you would sue the store owner for your slip and fall. But, can you sue the government for a fall in city hall?

Top Injury Legal Questions From FindLaw Answers

You've got questions ... we've got answers. If you have not yet asked or answered a question in FindLaw's Answers community, what are you waiting for? This amazing free resource supports a dynamic community of legal consumers and attorneys helping each other out. Simple as that.

We see a lot of great questions in our Answers community every day. Here's a look at some recent questions relating to injuries, accident, and torts from our FindLaw Answers boards.

Top Personal Injury Questions From FindLaw Answers: March 2015

You've got questions... we've got answers. If you have not yet asked or answered a question in FindLaw's Answers community, what are you waiting for? This amazing free resource supports a dynamic community of legal consumers and attorneys helping each other out. Simple as that.

We see a lot of great questions in our Answers community every day. Here's a look at two recent questions from our accident and injury boards:

1. I was injured in a car accident caused by a city bus driver. Is it possible to sue the government? And if I can sue the government, is the process any different from suing a 'regular' (non-government) party?

Ever heard of the saying, "the king can do no wrong"? This question brings up the doctrine of sovereign immunity -- an old legal theory that basically protects the government from being sued without its own permission. Luckily for the original poster, many states have loosened these protections, and now allow people to file claims (personal injury, premises liability, etc.) for injuries caused by government entities.

It's happened to almost everyone. You parked your car in the grocery store's lot, and when you come out, a dreaded shopping cart is up against your car! Who is going to pay for the damage?

A New Jersey woman recently went head-to-head with Sam's Club, demanding that the store pay for damage to her car caused by two shopping carts. The woman had just parked her car when she saw two carts stacked together and a shouting Sam's Club employee zooming towards her car. Bam! The runaway carts hit her front bumper, causing over $1,000 in damage.

Sam's Club initially refused to pay for the woman's damages, reports. The store claimed that a customer left the carts in the parking lot and the wind blew the carts towards her car, so they were not liable.

Should Sam's Club, or any store, be responsible for dents and dings caused by shopping carts?

Injured on Someone Else's Property: Can You Sue?

When you're injured on someone else's property, the owner of that property may sometimes be held liable for your damages.

Generally, a legal doctrine known as premises liability makes the owner of property liable for damages caused by conditions on that property. But whether an injured person is able to recover for his or her injuries from a property owner depends on a number of different factors.

What should you know about suing for injuries on another person's property? Here are a few important considerations:

Contractor Injured at Your House: Are You Liable?

Homeowners having work done to their homes may be concerned about not just the quality of the work, but also about the potential legal liability for injuries sustained by contractors performing the work.

By virtue of owning the property, homeowners may generally be held responsible for injuries caused by negligence in failing to maintain the property in a reasonably safe condition. What is considered negligence in a given situation depends in part upon the status of the injured person, but also the cause of the injury and the circumstances surrounding an accident. A homeowner's eventual liability may also depend on whether an injury will be covered by insurance.

What do homeowners need to know about the possibility of a home-improvement or construction contractor being injured?

Child Injured at School: Should You Sue?

For parents or guardians of children, an injury suffered at school is certainly cause for alarm.

But whether or not a child's injury should lead to a personal injury lawsuit may depend on a number of different factors. One of the most important factors is, of course, the type and severity of the injury suffered by your child. When an injury does not result in the need for medical treatment or create lasting physical or emotional harm, it may be difficult to recover damages in a lawsuit.

What else should you know when deciding whether to file a lawsuit for a school injury? Here are a few points to consider:

Hey, you kids! Get off my lawn!

Actually, you don't have to be plagued by neighbors' baseballs in order to sue for trespass to property. As it turns out, anytime anyone, or anything, ends up on your property without your permission, it's technically a trespass. Whether you can legally recover anything for that trespass, though, is a different question.

What are the elements of trespass, and when does it make sense to go to court?